20200125 Ver 1_Stream Appeal Decision_20200129

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Sandra Cotton
3425 Donnigale Avenue
Durham, NC 27705
NORTH CAROLINA
Environmental Quality
January 27, 2020
DWR Project # 20200125
Durham County
Subject: On -Site Determination for Applicability to the Jordan Lake Riparian Area Protection
Rules Title 15A North Carolina Administrative Code (NCAC) 02B .0267.
Site Location: 3421 Donnigale Avenue, Durham, NC, Durham County, PIN 0801-60-85-9056,
Dear Madam:
On approximately November 26, 2019, the Division of Water Resources (DWR) received a request
from Sandra Cotton to appeal an on -site stream determination performed by Sage Ecological Services
on the subject site and accepted by Durham County as provided in Title 15A NCAC 02B .0267 (4)(d)
of the Jordan Lake Riparian Buffer Rules. On December 12, 2019 and December 20, 2019, Shelton
Sullivan of DWR, conducted on -site determinations to review the feature on the property for
applicability to the Jordan Lake Riparian Buffer Rules 15A NCAC 02B .0267.
During the review, Shelton Sullivan evaluated the feature using the DWR Stream Classification Form
and the results are below. Photographs and maps of these locations are attached.
Feature
Subject
is
Depicted
Feature ID
Type
*E/I/P/ Other
to Buffer
Start @
Stop @
Depicted on
Rules
Soil Survey
USGS Topo
A
Stream
Ephemeral
No
Al
A1A
Y
N
A
Stream
Ephemeral
No
AlA
A2
Y
N
A
Stream
Intermittent
Yes
A2 (Behind 3425
A3 - Continues
Y
Donnigale Ave)
Downstream
N
* E=Ephemeral; 1=Intermittent; P=Perennial
This determination for feature A replaces the determination originally performed by Sage
Ecological Services and accepted by Durham County documented in their attached letter dated
October 9, 2019, reference number SW-1917, and Job Name: 3421 Donnigale Avenue. This
determination shall expire five years from the date of this letter.
This determination can be contested as provided in General Statute 150B by filing a written petition
for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within
sixty (60) calendar days.
Q 4 North Carolina Department of Environmental Quality I Division of Water Resources
e:!4r::f R-E 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1611
°oft 919,707.9000

Jordan Lake Riparian Buffer/Stream Determination Appeal
DWR Project #20200125
Page 2 of 8
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original and
one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office
hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
Mailing address for the OAH:
If sending via U.S. Postal Service: If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter only addresses the applicability to the buffer rules on the subject property and does not
approve any activity within any riparian buffers. Nor does this letter approve any activity within
waters of the of the State or waters of the United States, which include wetlands. Any activities along
these features may require 404/401 permits and certifications. Any inquiries regarding applicability
to Section 404 of the Clean Water Act should be directed to the US Army Corps of Engineers Raleigh
Regulatory Field Office at (919)-554-4884. If you have any additional questions or require additional
information, please call Shelton Sullivan with DWR at [phone]
Sincerely,
Mac Haupt, cting Supervisor
401 & Buffer Permitting Branch
Attachments: Photographs; USGS Topo; NRCS Soil Survey; DWR Stream ID Forms; Original Letter from
Durham County
cc: 401 & Buffer Permitting Branch files
Sean Clark, SC1arkOSageEcologivcal.com
McKenzie Gentry, mfmyersPdconc.gov
Logan Cason, 501 Hugo Street, Durham, NC 27704, logancasonlftgmail.com
Sandra Cotton, smc9Pduke.edu
Filename: 20200125_3421DonnigaleAveDurhamCo_Stream Appeal.docx

� � 1
C M 01
.
\`u 1 yt is
A fI
�`'�- � � �.t'ti �pya.r" � 1>'-- •y.C� YY.s �x,F S� � � �.I .. r@
r
��' wv�
°+� g 6b '►y iii��� '* 11d�1 ��
6
k rA
4►, ��►�i �. � � �: ail, �ox � � .i•-
MM

Jordan Lake Riparian Buffer/Stream Determination Appeal
DWR Project #20200125
Page 4 of 8
DWR Approximate Locations Along Feature A

Jordan Lake Riparian Buffer/Stream Determination Appeal
DWR Project #20200125
Page 5 of 8
Durham County Soil Survey - Feature Shown
'r 1.
USGS 2019 Map - Feature not Shown
wS
-0�

Jordan Lake Riparian Buffer/Stream Determination Appeal
DWR Project #20200125
Page 6 of 8
Stream froms for Feature A, Shelton Sullivan 12/12/19 and 12/20/19
I
I)IM Stream Identification Form 1'er4ion 4.11
Rate: "1 ` M 1y _ t ProJa4tdSite: �i ` ( La�ituda: " _
Evaluator. r --
rCounty: 1�it✓ /1r L Longitude.
Total Points. RM&MVsterminadon (ofrde one► Other ---
i timer
Srream rs ar least inrarrrarrerrr
a'ta f9cr �rnSlte+p J9' # Wermittent Perennial e g ouadNam:
A. Ue0T2M 0_",_1S_VWta1 =__ r' 1
AbsgM
Weak _
odarnla
—__m
— 2
Strong
1' GonGnuily of Channel bad and bank.
0
0
1
3
2, Sinuosity 01 thannel B- lhafwBg
3 In-ch$',nr t strucbure: ex. riffle-pocg, st I;
��
_ rl_ewo1 sequence
0
1
2
3
4. Particle size of stream sw,wlrate
0
2
5. fc¢ive+reset ttoodplain
p
2
3
fi. t5eposltbnal bars or t he$
p07>2
3
7_ Recent alluvial {1 Msft
1
2
..- ...: 3
3
�,..._..,
8. Headcsets
0
2
1). t3rade control
8
0.5
1
1.5
10.htatwalvalley
0
0.5
Cam?
i_5
1 i . Second or seatt3r order channel
.2flMr1w s�it,+,wc ....,,w.�...w..—.ai.�.__.__..._
_
_
Yes =
3
,_.,....,.�_.
B, H
_,. _....Y? _1Ny (Subtotal = . p 1""_.._.
rt5
12_ Presence of Berelbw
13 Iron oxidizing hatgeda
14_ Leal Mier
15. Sediment an plants or debris
16. 0r0arkc debris lines or piles
17. Soil -based evlderm a of high w2ter t 7
C M0109Y (Subtotal = 1 _
1 S. Fibrous roots M sWtambad
19_ Rooled upland 0ants io slrearnbed
2U. Macrobentttw (note diversity and abdn3anca)_. _
21. Aquatic Mollusks
22, Fmh
29. Cravflsh
x1 plant9 in streambed
Streams may also he iaentire0 Ming 0w
2 3
2 -- -a
0,5 ` �1
---- 0.5 1 i
0 = Yee = a
2
2
1
0
0
fCM>
2.
.
3
:- 1
3
0-5
1
1.5
—
0.5
1
1.3
().5
i
1.5
_ FAC'W - 0,75; OSL =1.5 Other a
36 of manual
�ISketch: (j
C ►-
X

Jordan Lake Riparian Buffer/Stream Determination Appeal
DWR Project #20200125
Page 7 of 8
i,L VV% V Stream identinestion r
Data: I A
Evaluator; �` � � � .-----
Total Points-. C4 4- r ';7-
Stream is at 4w Mwaflwiam f4f6tvPtKolrainrh',30• �rr'y�
71d V-4-
k,rI
Dart Version 4.11
Pro)eetl8tte�k.(� ( r,, LaliEude; v
Counly: Longltudle.
,...
Stmarn Determination (circle one) ether
EPhemaral Inb Miltitrrt Perenolai e.g. OaradOVar :
%:ls 0,6fta. '..S
a (-7-
A- Geomorphoit y (Sub al = 10 a 1
Absent
-_
Weak
'Modwate
Strong
ConGnuity of channel bed and bank
3
2. Sbwosity of channel along thak9%
p
3
3- Ua-channe, structure- ex. rifaa.pooi, sjop-pool.
MPOM-PooSequence
p
7
3
4. Portia-.' We Ut scream substrate
0
2
3
5, ACliaeProlici tioodplam
0
2
2 -
3
3
5. Depositional bars or benches
0
7. tent alluvial draposits ,...
1
- -
2
2
3
3
8. Head"
0
" (
9. Grade conbcai
0
0.5
0.5
1
t3j
1.5
1.¢
IU. Natural Valle
11. Second or fir order channelYes
'
g_ HwIrnirinv
12. Presence of Baseflow
0
1
'C 3
3
13. Iron oxidwzing Weleho
CIp
1
2
3
1A. Leaf kner
0
15 Sediment on plants or debris
v
0.$
1.5
16. Organic debris lines or piles
17. Soil -based evidence of high water tati6a7
NO = 0
.._..__. Yes = 3
18. r6ttS mots in sirnbed
1$. Fioog .�.�` i 0
led upland phis in �--__
reambed 0
2 i
20.1h9Croden t S mule div and emurktancej 0 2 3
21..Aquatic feWlusks t 2 3
22. Fish a-
23. Creyfish 0.5 1 1.5
-- OD 0.6 1 1_5
24. Amphibians U.5 t 1-
„.5
25.�Atgae 0 0 6
26_ Welland planka in elreambed T FACW = 0 75; OBL = 1-3 CXh_.-„
nn�al streerns may also be identified uafn0 Whe+matlw 1& See p. 35 of rr►mnaal. -
Notes:
Sketch:<4
� +� � � � -�-, y �.1 �-;tiir•r.:
N3
io `4

Jordan Lake Riparian Buffer/Stream Determination Appeal
DWR Project #20200125
Page 8 of 8
1W 1UWQ Stream tdentireation Farm Version 4.11
Date: i^r -D- Projettisi#t: %j n: ode
Evaluator � � County: % ,y" - t.omgltude:
Total Polms: a Stream De (circle oneJ , Od►sr ------
Stream is of beast afefmo eat Epharricra Int®rmdteea P� oniill Ot GWadltame:
U Z 09 or .ri1r9I if a 3t7'
A. eorreorphgl y-JSubtolal = }
11 Continuityof channel bed and bank
Absene
Weak
Moderate
Strong
01
2
3
2. Slnuosky of channel along thalrSq
3. in -channel sVucture: ex. riffle -pool, step -pool,
ripple' -pool 6*qhIww-e
0
1
3
0
2
3
4, Particle Size of slrea►n substrate
4
1
3
5. Activettelict floodpla�n
0
2
3
0. Dopoartional tars or benches
0
2
3
7 Re - rd alluvial du cats
1
2
3 .k-
0- Headcuts
0
9. &ado contrpt
0�5
� 1
_ 1.5
110, Natural valley
U
0.5
1.5
.11 . Second or rea(er orftr chan"-
Yes = 3
B. Hydrology Subtotal - -1ILj
12. Presence of liasefbw 0 i 3
13, Iron oxidizing bacUerla
- - -- _ 3
14. Leaf Iiner - iu 1.5 t 0.5
15. Sed nwot on piar4s or debris t7 1 1.5
16, Cypnic 06twis lines Of pal 0 1 1.5
17. Soll-based evidence of high water table? No
rRininnv to-kf-#e.i Z " I *� -- _7_� ".➢._ _
IS. Fkxous roots in Oreambed
2
1
0
19. ROotOd upland OaMs in streamewd
2
1
0
20, Macrobenthos Inate dwstry and ovndance)
0
, +
2
3
21. Aquatic Mollusks
1
7
3
22. Fish
0.5
1
1.5
23- Crayfish
0.5
1
1.5
24- AmpNbians
0.5
1
1.5
25. A aT
0.5
20. Wetland plants in suea mbeO
FAUN = 0.75: OBL =1.5 Othe
_
'peremiet sk"Ms mey also the ' d usng over Mett*&. See A. 35 of rnenuaL
....,._�..,_.._.®.p y....
Notes:
Sketch. `�S

• Engineering and
�� • Environmental Services
October 9, 2019
JOB NUMBER: SW-1917
JOB NAME: 3421 Donnigale Ave
Steven Fuhrman
15275 Collier Blvd
Ste 201 PMB 116
Naples, FL 34119
Dear Mr. Fuhrman:
On October 9, 2019, the Durham County Stormwater and Erosion Control Division was
contacted by David Jenkins with a request for a stream delineation performed by an
outside consultant to be accepted on a property located at 3421 Donnigale Avenue in
Durham.
Per the Durham County Stormwater Ordinance, Section 14-153 (c)(7)(a):
"For streams, a stream delineation is performed by a person selected by the county
engineer from an approved list, which is to be compiled by the county engineer, to do
stream delineations and presented to the county engineer which, to the county engineer's
satisfaction, shows that the stream shown on the most recent version of either the USGS 7
Y2 minute quadrangle topographic map or the USDA Soil Survey of Durham County,
North Carolina does not exist. Any person requesting such a stream delineation to be
performed as provided in this subsection shall make application to the county engineer
for the stream delineations to be done and shall pay a fee to cover the cost of said
delineation in an amount as determined by the board of commissioners. "
The attached report dated 7/15/19 from Sage Ecological Services was submitted to
Durham County on October 9, 2019. The attached report has been deemed acceptable by
the Durham County Stormwater and Erosion Control Division, and the conclusions
reached are now available for use on any plans to be submitted to the Durham
City/County Planning Department or the Durham County Stormwater and Erosion
Control Division. This on -site determination shall expire five (5) years from the date of
determination in this letter.
201 E. Main Street, 5th Floor, Durham, North Carolina 27701
[phone] 1 Fax [phone] dconc.gov
Equal Employment/Affirmative Action Employer

Per 15A NCAC 02B .0267, any disputes over on -site determinations shall be referred to
the Director in writing. A determination of the Director as to the accuracy or application
of the maps is subject to review as provided in Articles 3 and 4 of G.S. 150B. An appeal
request must be made within sixty (60) calendar days of the date of this letter or from the
date the affected party (including downstream and/or adjacent owners) is notified of this
letter. A request for a determination by DWR shall be referred to them in writing c/o
Karen Higgins, 401 and Buffer Permitting Section, 1617 Mail Service Center, Raleigh,
NC 27699-1617. One copy of the request for a determination shall also be filed with
Durham County Stormwater Manager, 201 E. Main Street, Suite 561, Durham, NC
27701.
DWR's determination can be contested as provided in Articles 3 and 4 of General Statute
150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH). A petition form may be obtained from
the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-
3000 for information. Within sixty (60) calendar days of receipt of DWR determination, a
petition must be filed with the OAH. A petition is considered filed when the original and
one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays). The petition may be faxed to the OAH at [phone],
provided the original and one copy of the petition along with any applicable OAH filing
fee is received by the OAH within five (5) business days following the faxed
transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This determination is final and binding unless, as detailed above, you ask for a hearing or
appeal within sixty (60) calendar days. The owner/future owners should notify the
County (including any other Local, State, and Federal Agencies) of this decision
201 E. Main Street, 5th Floor, Durham, North Carolina 27701
[phone] ) Fax [phone] dconc.gov
Equal Employment/Affirmative Action Employer

r V
concerning any future correspondences regarding the subject property (stated above).
This project may require a Section 404/401 Permit for the proposed activity or other
County of Durham permit(s). Any inquiries regarding section 404/401 permits should be
directed to DWR (Central Office) at [phone], and the USACE (Raleigh
Regulatory Field Office) at [phone].
If you have any questions regarding this determination, please feel free to contact me.
Sincerely,
/Yvtc4v'��
McKenzie Gentry, PE
Stormwater Manager
Cc: David Jenkins, 1304 West Hwy 54, Durham, NC 27707
201 E. Main Street, Sth Floor, Durham, North Carolina 27701
[phone] ) Fax [phone] dconc.gov
Equal Employment/Affirmative Action Employer